21Provision of services etc

and may do so as a member of a qualifying body (within the meaning given by section 93 or section 108).

(2)A Primary Care Trust may arrange for the provision by it to another health service body of goods or services which are of the same description as those which, at the time of making the arrangement, the Primary Care Trust has power to provide in carrying out its other functions.

(4)A Primary Care Trust which manages any health service hospital may make accommodation or services available there for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the Primary Care Trust in respect of the accommodation or services.

(5)A Primary Care Trust has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (c. 49) (provision of goods, services etc), other than make accommodation or services available for patients at any health service hospital it manages, for the purpose of making additional income available for improving the health service.

(6)A Primary Care Trust may exercise a power conferred by subsection (4) or (5) only—

(a)to the extent that its exercise does not to any significant extent interfere with the performance by the Primary Care Trust of its functions or of its obligations under NHS contracts or under agreements or arrangements made with NHS foundation trusts, and

(b)in circumstances specified in directions under section 8, with the Secretary of State’s consent.

(7)In this section—

“health service body” means a body which is a health service body for the purposes of section 9,

“hospital” includes any establishment or facility managed for the purposes of the health service.

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